Bill > SB376

This bill allows an attorney representing a party in a motor vehicle collision to request that the mobile telephone provider of another party, alleged to have caused or contributed to the collision, preserve certain data from their phone for 180 days. This data can include subscriber information, call and text message logs (but not content), IP addresses, device identifiers, cell site history, and real-time location data, covering the two hours before and after the collision. Additionally, if a driver involved in a collision uses a telematics application or device to monitor their driving, their insurance carrier must preserve the data collected by that device for 180 days upon request. The bill also mandates that collision reports filed by law enforcement must include the mobile phone number, provider, and International Mobile Equipment Identity (IMEI) number of any driver involved, with the IMEI number redacted for public release unless the requester is directly involved or their attorney. Furthermore, if a driver refuses to provide this mobile phone information to law enforcement, it creates a "rebuttable presumption of spoliation of evidence," meaning it's assumed evidence has been intentionally destroyed or altered, which can be used against them if this refusal prevents another party from proving liability for the collision. The Department of Motor Vehicles will update its data entry system to accommodate these new reporting requirements.